Breadcrumb

Constitutional Law

Constitutional Law usually refers to rights granted by the U.S. Constitution. Cases often involve the Bill of Rights, or respective rights of federal and state governments.

Constitutional Law refers to rights carved out in the federal and state constitutions. The majority of this body of law has developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits.

Most constitutional legal issues involve the Bill of Rights, which contains the first 10 amendments to the U.S. Constitution. These amendments contain such rights as the freedom of speech, the right to a fair trial, and the right to be free from certain types of discrimination.

States also have their own constitutions, which usually contain most, if not all, of the same rights guaranteed under the U.S. Constitution. Many state constitutions also establish additional rights, but they may not take away any federal rights.

Constitutional law also involves the rights and powers of the branches of government. Both the federal and state constitutions outline three branches of government and give distinct powers and responsibilities to each one. Constitutional lawyers also help resolve disputes among the branches.

Course Types

We have classified RWU Law classes under the following headers. One of the following course types will be attached to each course which will allow students to narrow down their search while looking for classes.

Core Course

Students in the first and second year are required to take classes covering the following aspects of the law—contracts, torts, property, criminal law, civil procedure, and constitutional law, evidence, and professional responsibility. Along with these aspects, the core curriculum will develop legal reasoning skills.

Elective

After finishing the core curriculum the remaining coursework toward the degree is completed through upper level elective courses. Students can choose courses that peak their interests or courses that go along with the track they are following.

Seminar

Seminars are classes where teachers and small groups of students focus on a specific topic and the students complete a substantial research paper.

Clinics/Externships

Inhouse Clinics and Clinical Externships legal education is law school training in which students participate in client representation under the supervision of a practicing attorney or law professor. RWU Law's Clinical Programs offer unique and effective learning opportunities and the opportunity for practical experience while still in law school.

Course Type
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Course Credits

Course Degree

Faculty Associated

Course Description

This course examines the procedural aspects of the criminal justice system with emphasis on the impact of the fourth, fifth, and sixth amendments to the United States Constitution on state and federal prosecutions. Topics include the law of arrest, search and seizure, police interrogation and the privilege against self-incrimination.

Course Type
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Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Course Description

This course examines the basic principles of constitutional law through the analysis of the opinions of the United States Supreme Court. Topics include judicial review, federal system relationships, commerce clause,
governmental powers and civil rights.

Course Type
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Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Course Description

This course examines the basic constitutional protection of individual rights, including equal protection implied fundamental rights or modem substantive due process (including rights of privacy, privileges and immunities, and the incorporation controversy) due process and the first amendment freedoms of expression and religion.

Course Type
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Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Prerequisite

LAW.639 – Constitutional Law I

Faculty Associated

Course Description

This course introduces the growth and development of administrative law and procedure. Topics include constitutionality and delegation of power, discretion, policy, regulatory and adjudicative functions, rules, orders, jurisdiction, investigative functions, procedures, due process and judicial review.

Course Type
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Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Course Description

This seminar will look at selected topics of free speech and religion that are not ordinarily covered (or covered in any depth) in the constitutional law survey course. Topics may include: student speech, hate speech, compelled speech, the constitutionality of campaign finance restrictions, comparative international protections for religious freedom (e.g., restrictions on headscarves and Scientology), and protection for sacred sites. Students will select three or four of these topics to write short (5+ page) papers and lead discussion. Satisfactory completion of these papers will fulfill the writing requirement.

Course Type
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Seminar

Course Credits

2.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Course Description

This course is an analysis of selected and evolving criminal justice issues arising under the 4th, 5th, 6th and 8th amendments to the U.S. Constitution. The course covers the criminal justice process from the prosecutor’s decision to charge the suspect to sentencing, including pre-trial proceedings and trial. Within this context, emphasis is placed on the workings of the advocacy system, prosecution and defense functions.

Course Type
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Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Course Description

This course explores aspects of the legal regulation of sexuality. Among the questions on which we will focus throughout the semester are these: How has sexuality (and related notions such as sexuality and gender) been defined, posed and addressed as a problem in and for the U.S. legal system? What role do various conceptions of sexuality play in framing the terms, the argumentative strategies and resolution of legal disputes? What shaping functions do legal constructions of sexuality exert in and on broader political conversations about sex and social justice in the contemporary U.S.? Topics to be discussed include the scope and limits of the “public/private” distinction as a conceptual framework in U.S. sex law; legal efforts to define and distinguish sex, gender and sexuality, sexual acts, gender identities and expressions (male, female, transgender, transsexual, intersex), and sexual identities (“homosexuality,” “heterosexuality,” and “bisexuality”); law, sexuality and intimate association; sexuality, gender, and reproduction; gender, sexuality, surveillance and citizenship; law, sexuality, kinship and family relations; gender identity, sexuality and the legal construction, and regulation, of the human body; sex.

Course Type
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Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Course Description

This seminar will examine legal issues surrounding the death penalty in America from a variety of perspectives. After a review of the goals of punishment and their relation to capital punishment, the course will explore: constitutional challenges to the imposition of the death penalty, focusing on claims relating to equal protection, due process and cruel and unusual punishment; race, gender and the death penalty; special offenders, including juveniles, the mentally retarded, and the insane; modes of punishment and ethical issues; the impact of international law; procedural issues in trials for capital offenses, as well as post-conviction proceedings; and perspectives from the families of victims and families of capital offenders. Materials for the seminar will include writings providing diverse views of the death penalty, as well as central Supreme Court case law in this area. Seminar requirements will include a final paper, a presentation on the paper; and class participation. This course is offered for 2 credits and will fulfill the paper writing requirement.